H&C Unique situation with my 76-year-old mother. Advice appreciated

[jgd]

Hello everyone.

I have been working and living in Ontario since 2014, got my PR IN 2018. I am single no dependants. My sister and her family also moved to Canada through their employer and eventually got their PR in 2024. We both have good income and home owners.

My mother has been visiting in Canada since 2016 on visitor visa and finally got her grandparent Supervisa in 2022. Unfortunately, her passport was expiring in mid-2024, so she didn't get the full 5-year visa but 1.5 years( tied to her passport expiration) . I applied for her supervisa extension and it was refused.

Met an immigration lawyer who suggested we should apply for her in H&C category of PR. She has no family in India, her children and grandchildren are here in Canada. Her health is not good enough to stay alone in India. She has also developed a network in Canada with her children, grandchildren, neighbours and temple. We got letter for her family doctor, her family members and the temple and social friends.

1.Has anyone applied in H&C grounds and what are the chances considering her age and family situation.

2. If her H&C PR is not approved what options do we have.

Thanks

 

[scylla]

Hello everyone.

I have been working and living in Ontario since 2014, got my PR IN 2018. I am single no dependants. My sister and her family also moved to Canada through their employer and eventually got their PR in 2024. We both have good income and home owners.

My mother has been visiting in Canada since 2016 on visitor visa and finally got her grandparent Supervisa in 2022. Unfortunately, her passport was expiring in mid-2024, so she didn't get the full 5-year visa but 1.5 years( tied to her passport expiration) . I applied for her supervisa extension and it was refused.

Met an immigration lawyer who suggested we should apply for her in H&C category of PR. She has no family in India, her children and grandchildren are here in Canada. Her health is not good enough to stay alone in India. She has also developed a network in Canada with her children, grandchildren, neighbours and temple. We got letter for her family doctor, her family members and the temple and social friends.

1.Has anyone applied in H&C grounds and what are the chances considering her age and family situation.

2. If her H&C PR is not approved what options do we have.

Thanks

- She can certainly try submitting an H&C application. It's a very long process these days and the outcomes are uncertain. It will work in her favour that her family is all here but won't guarantee approval. Be aware that if you go down this path, it will be a while (years, most likely) before she qualifies for any sort of health care coverage so just be prepared for that.
- She would ultimately need to leave Canada and it will likely be difficult to get another TRV or super visa approved as a result of the failed H&C application.

What were the reasons her super visa extension was refused? I assume she is now in Canada without status?

 

[armoured]

- She can certainly try submitting an H&C application. It's a very long process these days and the outcomes are uncertain. It will work in her favour that her family is all here but won't guarantee approval. Be aware that if you go down this path, it will be a while (years, most likely) before she qualifies for any sort of health care coverage so just be prepared for that.

I'd just add to this: the situation is not at all unique - or if it is, only to extent that the parent has somehow remained in Canada for all (? or perhaps most) of the last eight years.

There are quite literally tens of thousands of Canadians (PRs and citizens) who have applied to sponsor there parents and hope they can find a way around the limited numbers in the PGP program.

I won't claim to know how the decisions on H&C are made - but implicit in the program (or perhaps explicit) is that it should be an exceptional measure.

[I see on the list of requirements that the govt states that you can't apply for H&C if eligible under several other programs. I think govt could remove most of these parental apps by adding PGP to that list of eligibility. Not having enough places allocated for all who'd like it isn't 'eligiblity' for the other categories.

https://www.canada.ca/en/immigratio...umanitarian-compassionate-considerations.html

I don't say this out of lack of sympathy for the situation, but there's no way the number of H&C cases budgeted for can cover anything meaningful for other reasons if it's made to support all would-be parental sponsorships.

Not to mention undermining the supervisa and TRV case for all who want to have their parents 'visit.'

 

[canuck78]

I'd just add to this: the situation is not at all unique - or if it is, only to extent that the parent has somehow remained in Canada for all (? or perhaps most) of the last eight years.

There are quite literally tens of thousands of Canadians (PRs and citizens) who have applied to sponsor there parents and hope they can find a way around the limited numbers in the PGP program.

I won't claim to know how the decisions on H&C are made - but implicit in the program (or perhaps explicit) is that it should be an exceptional measure.

[I see on the list of requirements that the govt states that you can't apply for H&C if eligible under several other programs. I think govt could remove most of these parental apps by adding PGP to that list of eligibility. Not having enough places allocated for all who'd like it isn't 'eligiblity' for the other categories.

https://www.canada.ca/en/immigratio...umanitarian-compassionate-considerations.html

I don't say this out of lack of sympathy for the situation, but there's no way the number of H&C cases budgeted for can cover anything meaningful for other reasons if it's made to support all would-be parental sponsorships.

Not to mention undermining the supervisa and TRV case for all who want to have their parents 'visit.'

The easy repeat extensions and long supervisa “visits” are giving people the false sense that this is a permanent move. The daughter only got her PR in 2024 where was the longterm care planning knowing the mother was on a limited visitor visa in Canada? Also why was the son not part of EOI2020? For 2 people the NOA is incredibly low/.